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Wrongful Death Attorney in Eureka

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About Carlson Bier Associates

In the midst of a devastating loss, securing justice for your loved one and ensuring that negligence is held accountable can be overwhelming. Carlson Bier offers a steadfast beacon of support. Driven by extensive knowledge and proven expertise in Wrongful Death cases, we are dedicated to advocating for the rights of survivors left behind in Eureka. Our attorneys diligently work towards obtaining restitution for damages such as lost income, medical bills before death, grief counseling costs and funeral expenses. With compassion at our core, we understand the emotional trauma you’re facing; hence each case with us goes beyond seeking financial relief—it’s about rectifying an injustice while providing closure and peace to families amid heartbreak. We meticulously explore all dimensions of your case following Illinois laws without compromising on client confidence or legal ethics considering local jurisdictional matters – thus distinguishing us from other firms with grandiose claims but subpar results when handling cases like these outside their physical areas of operation.Even during difficult times- when it comes to wrongful death representation remember that you have a trusted ally in Carlson Bier.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Eureka Illinois

At Carlson Bier, we understand the enormous emotional and financial burden a wrongful death can bring to the loved ones left behind. As committed personal injury attorneys based in Illinois, our primary objective is to offer comprehensive legal support and diligent representation for those affected by such tragedies.

Wrongful death cases involve situations where a person dies due to another party’s negligence or wrongdoing. The loss of loved ones affects not just on an emotional level but also raises severe practical concerns like funeral costs, hospital bills, loss of income and often companionship. Our dedicated team at Carlson Bier meticulously investigates all angles of the case to ensure that you receive maximum compensation that enables you to cover these costs and gain some measure of justice.

• In wrongful death lawsuits: Your claim could include damages for pain and suffering endured by your loved one before their demise.

• Losses incurred: We help recover the reasonable medical expenses related to your deceased’s final illness or injury alongside other losses that have accrued as a result of tragic passing.

• Economic support: It includes lost earnings spanning from when they died until what would have been their natural retirement age, even future pension benefits.

The expertise our personal injury attorney offers extends far beyond negotiating settlements with insurance companies. At its core, it involves standing up for clients’ rights at every turn in dealings with healthcare providers, employers, product manufacturers and other entities responsible for causing harm knowingly or unknowingly.

Additionally:

• Pain & Suffering: If your beloved departed experienced any psychological anguish prior to passing away; he/she may also be entitled to compensation recognized under pain & suffering component.

• Punitive Damages: In instances where recklessness was exceptionally gross, punitive damages designed to penalize the wrongdoer are additionally sought.

With no shortage of complexities surrounding this area of law – from determining fault in accidents involving multiple parties to assigning value on non-economic damages like mental distress – navigating through these troubled waters demands nothing less than the best legal advice.

Our compassionate and thoughtful approach is absolutely tailored toward clients’ needs, ensuring that your rights are prioritized at every step of the legal process. Our committed attorneys spare no effort to provide our clients with a high level of personalized service because we believe that you deserve nothing but the best representation during these trying times.

Remember this:

• Liability: Determining who or what caused your loved one’s death is crucial in wrongful death claims, hence liability assessment is paramount.

• Benefit Compensation: The proper calculating & recovery of compensation for lost benefits like healthcare, pensions among others directly stemming from such loss falls under our domain.

• Pre/Post Mortem Medical Adequacy: We also look into whether adequate medical care was provided as part of our investigation – both immediately preceding their passing and post mortem.

The pursuit for just compensation after losing a loved one cannot resign on mere sympathy from the court but rather demands an impassioned zeal to ensure justice only found with dedicated professionals like us here at Carlson Bier. It’s never too soon to involve a personal injury lawyer when dealing with wrongful death – an experienced professional can help identify potential damages and build stronger cases.

At Carlson Bier, we’re more than just lawyers; we advocate tirelessly for those left behind by wrongful deaths in Illinois regardless of how complex challenging legally situations appear outwardly.

Taking this vital first step could very well determine how effectively your family heals from profound loss while protecting financial future. Click on the button below now to get expert counsel at further evaluating any rightful entitlements originating from unwarranted demise that has cruelly stripped peace off your existence. Learn today about how much worth your case actually holds; realize where you stand – right here, right now!

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Wrongful Death FAQ​

Wrongful death occurs when a person’s death is caused by the negligence or recklessness of another person.

The following people may be able to file a wrongful death lawsuit:

  • The spouse or children of the deceased
  • The parents of the deceased
  • The siblings of the deceased
  • The personal representative of the deceased’s estate

To prove a wrongful death claim in Illinois, the plaintiff must prove the following elements:

  • The defendant owed the deceased a duty of care.
  • The defendant breached that duty of care.
  • The breach of duty caused the death of the deceased.
  • The plaintiff suffered damages as a result of the death of the deceased.

In a wrongful death lawsuit in Illinois, you may be able to recover the following types of damages:

  • Pecuniary damages: These damages are designed to compensate the plaintiff for the financial losses they have suffered as a result of the death of the deceased. This could include lost wages, medical expenses, and funeral expenses.
  • Non-pecuniary damages: These damages are designed to compensate the plaintiff for the non-financial losses they have suffered as a result of the death of the deceased. This could include pain and suffering, loss of consortium, and loss of parental guidance.

The statute of limitations for wrongful death lawsuits in Illinois is two years. This means that you have two years from the date of the death to file a lawsuit.

If you have any questions about your legal rights or options after a wrongful death, you should contact an experienced wrongful death attorney.

All Attorney Services in Eureka

Areas of Practice in Eureka

Bicycle Incidents

Focused on legal representation for clients injured in bicycle accidents due to others' lack of care or hazardous conditions.

Burn Injuries

Offering skilled legal support for victims of intense burn injuries caused by accidents or carelessness.

Medical Incompetence

Offering professional legal advice for victims affected by medical malpractice, including negligent care.

Items Accountability

Taking on cases involving problematic products, extending adept legal assistance to consumers affected by defective items.

Senior Neglect

Defending the rights of aged individuals who have been subjected to misconduct in elderly care environments, ensuring fairness.

Trip & Slip Mishaps

Adept in managing tumble accident cases, providing legal advice to persons seeking restitution for their damages.

Neonatal Wounds

Offering legal guidance for kin affected by medical incompetence resulting in birth injuries.

Automobile Incidents

Crashes: Devoted to supporting clients of car accidents receive fair settlement for harms and destruction.

Bike Incidents

Committed to providing legal assistance for riders involved in bike accidents, ensuring fair compensation for damages.

Trucking Mishap

Providing experienced legal assistance for individuals involved in lorry accidents, focusing on securing fair compensation for damages.

Construction Site Accidents

Focused on assisting workmen or bystanders injured in construction site accidents due to negligence or recklessness.

Cerebral Harms

Focused on extending expert legal advice for patients suffering from head injuries due to negligence.

Canine Attack Damages

Skilled in managing cases for victims who have suffered damages from K9 assaults or creature assaults.

Jogger Collisions

Committed to legal services for cross-walkers involved in accidents, providing professional services for recovering compensation.

Unwarranted Demise

Fighting for families affected by a wrongful death, providing empathetic and expert legal assistance to ensure compensation.

Spine Trauma

Expert in representing victims with backbone trauma, offering compassionate legal guidance to secure compensation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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